N D M C Vs. STATESMAN LIMITED

JUDGEMENT

(1.) The New Delhi Municipal Committee (NDMC) seeks special leave to appeal to this Court from the order dated 28-4-989 of the High Court of Delhi in Civil Writ Petn. 3090 of 1987. In the writ petition, Statesman Ltd., and its Managing Director, Respondents 1 and 2 respectively herein, sought to impugn the decision of the NDMC dated 18-2-1987, declining to sanction the Revised-plans for the construction of "Statesman-House" - a high-rise building on plot No. 148, Barakhamba Road New Delhi, of which the first respondent is the lessee. The High Court allowed the writ petition and directed the NDMC to convey its formal sanction of the building-plans on or before the 5th day of May, 1989.

(2.) Respondent No. 1, a publisher of Newspapers, holds a lease in perpetuity from Govt. of the plot No. 148, Barakhamba Road, New Delhi. In the year 1980 Respondent No. 1 sought for, and obtained, permission from the Land Development Officer, to errect a high-rise building of an area of 1,62,000 square feet and paid Rs. 63,40,918 / - betterment levy. On 4-5-1982 it applied for, and on 29-8-1982 obtained, sanction from the NDMC of its building-plans, valid for 2 years. The sanction was revalidated for a further period of two years.

(3.) However, by communication dated 18-2-1987, the NDMC in exercise of power under Section 193(3) of the Punjab Municipal Act, 1911, rejected the plans, assigning 28 reasons for the rejection. On 14-5-1987, the Architect of First-Respondent claiming to have sub-sequently complied with or. clarified the points on which the rejection was based, resubmitted the plans. On 26-5-1987, the Architect wrote to NDMC to reconsider its decision dated 18-2-1987, in the light of the rectifications effected. However, no positive response having emanated from the NDMC. Respondents 1 and 2, on 27-10-1987, filed the writ-petition in the High Court for an appropriate order directing the DUAC and the NDMC to "forthwith deal with the application for grant of sanction".